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CONSTITUTIONAL LAW II MEMORY AID

(TIPS FOR PRE-FINAL EXAMINATION)

CONTRACT CLAUSE / NON-IMPAIRMENT CLAUSE


SECTION 10. NO LAW IMPAIRING THE OBLIGATION OF CONTRACTS SHALL BE PASSED

CONTRACT CLAUSE, definition: A law, which changes the terms of a legal contract between parties, either in the
time or mode of performance or imposes new conditions, or dispenses with those expressed, or authorizes for its
satisfaction something different from the provided in its terms, is law which impairs the obligation of a contract.

GR: No law impairing the obligations shall be passed.


XPN: A law may impair a contract if it is a valid exercise of police power.
1. Power of taxation
2. Regulation on loans

REQUISITES
1. When there is SUBSTANTIAL IMPAIRMENT, which –
a. Changes the terms, either in time or mode of performance;
b. Imposes new conditions;
c. Dispenses with expressed conditions; or
d. Authroizes for its satisfaction something different from that provided in terms.
2. When a law affects the rights of parties with reference to each other and not with respect to non-parties.

FREEDOM OF EXPRESSION (SPEECH AND THE PRESS)


SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the government for redress of grievances.

FREEDOM OF EXPRESSION, definition: No law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the government for grievances.

SCOPE: The primacy and high esteem accorded freedom of expression is a fundamental postulate of our
constitutional system. This right was elevated to constitutional status, reflecting our own lesson of history, both
political and legal, that freedom of speech is condition for nearly every other form of freedom.

SPEECH, EXPRESSION, AND PRESS, include: (1) written or spoken words (record or not); (2) Symbolic speech (e.g.
wearing armbands); (3) Movies and other literary works.

TEST APPLIED TO FREEDOM OF SPEECH:


1. DANGEROUS TENDENCY TEST: If the words uttered created a dangerous tendency of an evil, which the
State has the right to prevent, then such words are punishable.
2. CLEAR AND PRESENT DANGER TEST: This rule requires that danger created must not only be clear and
present but also traceable to the ideas expressed.
3. BALANCING OF INTEREST TEST: When a particular conduct in the interest of public order, and the regulation
results in an indirect, conditional and partial abridgment of speech, the duty of the courts is to determine
which of the two conflicting interests demands greater protection.

PRIOR RESTRAINT: Means official government restrictions on the press or other forms of expression in advance of
actual publication or dissemination.

TEST OF VALID PRIOR RESTRAINTS:


1. CONTENT BASED RESTRICTIONS: restraints is aimed at the message or idea of the expression. It is based
on the subject matter of the utterance or speech.
2. CONTENT-NEUTRAL RESTRICTION: Restraint is merely concerned with the incidents of the speech, or one
that merely controls the time, place or manner, and under well-defined standards on the content of the
expression.

O’BRIEN TEST OF CONTENT-NEUTRAL RESTRICTIONS: a government regulation is sufficiently justified –


1. If it is within the constitutional power of the government;
2. If it furthers an important or substantial government interest;
3. If the government interest is unrelated to the suppression of free expression;
4. If the incidental restriction on alleged First Amendment freedom.

MILLER TEST TO DETERMINE OBSCENITY:


1. Whether the average person, applying contemporary community standards would find that the work, taken
as a whole, appeals to public interest;
2. Whether the work depicts or describes in a patently offensive way sexual conduct specifically defined by
applicable state law;
3. Whether the work, taken as a whole, lacks serious literary political or scientific value.

RIGHT TO INFORMATION
SECTION 7. The right of the people to information on matters of public concern shall be recognized. Access to official
records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis of policy development, shall be afforded the citizen, subject to such limitations as may
be provided by law.

RIGHT TO INFORMATION: The constitutional right to information includes official information of on-going
negotiations before a final contract. The information, however, must constitute definite propositions by the
government and should not cover recognized exceptions.

DIPLOMATIC SECRETS: Secrecy of negotiations with foreign country is not violative of the right to information,
because diplomacy has a confidential nature.

THE FOLLOWING ARE COVERED BY THE EXCEPTIONS:


1. Privileged information rooted in the separation of powers;
2. Information of military and diplomatic secrets;
3. Information affecting national and economic security;
4. Information on the investigations of crimes by law enforcers before prosecution;
5. Trade secrets and banking transactions;
6. Offers exchanged during diplomatic negotiations;
7. Other confidential matters.

RIGHT TO ASSEMBLE AND TO SEEK REDRESS OF GRIEVANCES FROM THE GOVERNMENT

PUBLIC ASSEMBY: It means any rally demonstration march parade, procession or any other form of mass or
concerted action held in a public place for the purpose of presenting a lawful cause or expressing an opinion to the
general public or any particular issue.

RIGHT TO ASSOCIATION

RIGHT TO STRIKE AND THE RIGHT TO UNIONIZE, scope: The right is recognized as belonging to people whether
employed or unemployed and whether employed in the government or in the private section. The right includes the
right to form labor unions, societies or association not contrary to law.
FREEDOM OF RELIGION

SEPARATION OF CHURCH AND STATE: the clause prohibits excessive government entanglement with, endorsement
or disapproval of religion. Thus, it shall be inviolable.

NON-ESTABLISHMENT CLAUSE: No law shall be made respecting an establishment of religion.

FREE-EXERCISE CLAUSE: No law shall be made prohibiting the free exercise of religion. The free exercise and
enjoyment of religion profession and worship, without discrimination, shall forever be allowed.

PROHIBITION ON RELIGIOUS TEST: No religious test shall be required for the exercise of civil or political rights.

TEST ON FREEDOM OF RELIGION:


1. CLEAR AND PRESENT DANGER
2. BENEVOLENT NEUTRALITY-COMPELLING STATE INTEREST
a. An approach that looks further than the secular purposes of government and examines the effect
of these actions on religious exercise. The court will strive to accommodate religious beliefs and
practices when it can within flexible constitutional limits.
b. Recognizes that government must pursue its secular goals and interests but at the same time
strives to uphold religious liberty to the greatest extent possible within flexible constitutional
limits. Thus, although the morality contemplated by laws is secular, benevolent neutrality could
allow for accommodation of morality based on religion, provided it does not offend compelling
state interest.
3. CONSCIENTIOUS OBJECTOR: an individual who has claimed the right to refuse to perform against their
beliefs on the ground of freedom of religion.

TWO ASPECTS OF FREEDOM OF RELIGION:


1. Freedom to believe;
2. Freedom to act on one’s belief.

ACADEMIC FREEDOM: The right to academic freedom may only be invoked against the state. All private educational
institutions may prescribe its own requirements to maintain the standard of quality academic quality.

FREEDOM OF ABODE, FREEDOM TO CHANGE ABODE AND RIGHT TO TRAVEL.

FREEDOM OF ABODE: Libery of abode is the right of the person to have his home wherever place chosen by him and
thereafter change by will.

RIGHT TO TRAVEL: Right to travel us the right of the person to go wherever without interference from any source.